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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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a pedestrian stepped off the path on a pelican crossing when

Resolved Question:

a pedestrian stepped off the path on a pelican crossing when I didn't have time to stop. He only hit my wing mirror as I was driving slow but assured me he was ok. I sent him to a&e but now he says he has a broken wrist and will be off work for 6 weeks. The traffic light was on red according to other people waiting but I only remember it being on green as I got to the crossing. The boy was running and he may have distracted me. He now wants compensation as he says he was in the right.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

The first thing you should do here is inform your insurance company, if you haven't already.

tdlawyer :

Then, they will liaise with him directly or appoint one of the panel solicitors to deal with this for you.

tdlawyer :

But, the legal position is pretty simple.

tdlawyer :

A driver owes a duty of care to pedestrians/other road users not to cause them unnecessary harm.

tdlawyer :

He will argue you breached that duty.

tdlawyer :

However, you will say you properly discharged that duty, because he came out into your path.

tdlawyer :

If you acted reasonably and could't stop etc., then this is not likely to be your fault.

tdlawyer :

He should have made sure he didn't step out to an oncoming car.

Customer:

Do we need to go to the police or is that up to him?

tdlawyer :

No, if he is not hurt, I don't think you need to worry about involving the police. If he wants to do that, he can do that, but it's really likely to be a civil matter only by the sounds of it.

tdlawyer :

I don't think you need to worry about this - just inform your insurer and they will do the rest for you.

Customer:

Will he get the compensation i.e. wages he is asking for through the insurance? Its all he wants from me.

tdlawyer :

He would do, yes, if the insurance believed you were in the wrong, or alternatively, if they just wanted to do a deal and pay him off. I expect they would make him an offer if it's not a lot - it's often not commercially viable to fight these things.

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